A recent court decision has many federal managers and supervisors asking serious questions about their exposure and personal liability in civil or ‘personal capacity’ lawsuits for work-related matters and decisions.
No dancing at the Jefferson Memorial to celebrate his birthday. “Mr. Jefferson is on record discouraging celebration of his birthday: On Mr. Jefferson’s accession to the Presidency [visitors] had waited on him, requesting to be informed, which was his birthday, as they wished to celebrate it with proper respect. ‘The only birthday I ever commemorate,’ replied he, ‘is that of our Independence, the Fourth of July.'”
A federal district court recently refused to dismiss a â€œBivensâ€ tort claim brought by a high-level Library of Congress employee against an agency manager. The effect of this ruling is that the Library manager must defend himself against a constitutional tort action that was brought against him personally.
A federal court decision will have repercussions for federal retirees who prefer to keep their health benefits program in retirement rather than go under Medicare Part A (hospitalization) coverage. To avoid using Medicare Part A, the court rules they will have to give up Social Security benefits and repay all Social Security benefits received.
A former NASA executive has lost his appeal of criminal convictions stemming from his role in allocating a $15 million congressional earmark when he was serving as Associate Administrator of the agency.
Will your spouse receive an annuity when a federal employees dies? The widow (2nd wife) of a Federal retiree who remarried after his first wife died has lost her battle to convince OPM, MSPB and now an appeals court that she was entitled to a survivorâ€™s annuity.
The Court of Appeals for the Federal Circuit recently held the Postal Service incorrectly terminated a member of the National Guard under false assumptions in that he abandoned his position. This case means federal agencies will find it harder to base terminations of military members on circumstantial evidence that the employee abandoned his civilian position.
In a recent decision by the US Court of Appeals for the D.C. Circuit, the court vacated a previous decision dismissing a class action discrimination case against the Federal Reserve Board for failure to exhaust administrative remedies. At issue was whether the individual complainants offered sufficient specific instances of discrimination during group counseling sessions or participated in the informal process “in good faith” thereby exhausting the administrative process before proceeding to Federal District court.
A man who lied on a federal questionnaire found himself ineligible for a position and debarred from being appointed to a federal job. He contended OPM discriminated against him and violated various rights and that the question was ambiguous despite admitting that he knew he had been criminally charged when he answered “no” to the question. He remains debarred from federal employment after the court’s decision.
The Justice Departmentâ€™s refusal to certify that federal employees were acting within the scope of their employment, together with a recent district court decision, has left two federal employees facing a lawsuit by a fellow employee charging them with various torts including libel. The expense and headache of the lawsuit now falls back on the defendants.